United States v. George Jaramillo

536 F. App'x 727

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 2, 2013
• Docket: 12-50072
• Status: Unpublished

Opinion

MEMORANDUM **

George Henry Jaramillo appeals from the district court’s judgment and challenges the $50,000 fine imposed following his guilty-plea conviction for willful filing of a false tax return, in violation of 26 U.S.C. § 7206(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Jaramillo contends that the district court’s imposition of the $50,000 fine was vindictive and therefore violates his right to due process. We review' de novo a claim that the imposition of a sentence after a successful appeal violates a defendant’s right to due process. See United States v. Garcia-Guizar, 234 F.3d 483, 489 n. 2 (9th Cir.2000). Jaramillo’s contention fails because there is no presumption of vindictiveness when there is no net increase in punishment. See United States v. Bay, 820 F.2d 1511, 1513 (9th Cir.1987). Further, Jaramillo has not shown that the court was motivated by vindictiveness. Rather, the record reflects that the district court based the sentence on proper sentencing factors. See 18 U.S.C. §§ 3553(a) and 3572(a).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.